These two visa types are after-work visas in the United States and do not cover unskilled workers. They are both similar visas with dual intent benefits, but there are significant differences between the L1 and the H-1b visa. abogados inmigracion houston at your service.
L1 Visa
It is an intra-company transferees visa for non-immigrants. The L1 classification was mandated by the U.S congress in 1970. The purpose is to allow large multinational companies with operations across various countries to shift their employees in specialized positions temporarily to the United States. Eligible workers who are shifted to the U.S are of two categories; L1A and L1B. Managers/executives under the L1A category while L1B compassed of workers with specialized skills.
L1Bs are for workers/employees of companies that have specialized in a specific field in terms of proprietary products or processes within a company but are not top executives. Under the provisions of specialized knowledge, workers do not need to have a degree equivalent to a U.S degree to be eligible for the L1 visas. And this works in favor of those that may have gained some expertise in a specific field. But lacks an academic degree on par with the criteria set by the United States universities. Another advantage of an L1A visa is that there is no yearly cap on how many l1a petitions should get approved.
L1 A managers & executives have 7years stay, while specialized skilled employees have 5years. Process your l1 visa usa with us!
H1B Visa
H1b is a multiple entry non-immigrate visa that allows foreign workers hired by the United States entities to work in the U.S. The worker who can get hired under this category must be in specialty occupations. Around 65000 h1b visas are made available. Also, there is an additional quota of 20,000 for people with a master’s degree. An h1b visa holder can work in the United States for a maximum of six years. The early visa approval is 3years, but the interval can get extended to 3years, making it a total of six-year.
If an h1b applicant files I-140365 a few days before the expiration of a 6th-year visa, he can take an extension of one year. H1b has more strict requirements while L1 holder is suitable for multinationals and less stressful, unlike the H1b visa. L1 visas and H1b have dual intent and can aim for green cards while staying in the United States as a non-immigrant. Our houston immigration lawyer can help you file for your green card.
Different Between L1 & H1B Visas
| Features | L1 Visa | H1B Visa |
| Petition | A blanket petition is available for l1 visa holders, which can work in favor of big companies. A blanket petition is less time-consuming and more convenient. To succeed with the blanket petition, employers must meet the following requirements
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Each H1b worker must have filed their petition separately. |
| Green card | Visa holders can apply for a green card under the EBIC category, which precludes the need to go over the Labor certification process. The labor certification process is extensive and expensive in most cases. Also, may take years to complete based on factors like; quotas and country of origin. L1 holders can acquire their green card under a year interval. | An employer must mandatorily get approval from PERM labor certification for a green card. |
| Prevailing Wage | There is no specified requirement. But low wages may be an issue. | H1b is aid according to the actual wage or prevailing wages, whichever one is higher. |
| Duration | The maximum interval is 7years for l1A and 5years for l1B holders. No extension is allow | The maximum is 6years. An extension is allowed in some cases. |
| Employer | The L1 visa is a file by subsidiary/branch of a foreign company which a worker (alien) has worked for 1year | H1b any employer in the United States can hire workers outside the country. |
| Cap | No cap applicable | There is a cap yearly |
| Academic requirements | Workers do not need to have a degree in any specialized field | Worker must have a degree. Higher or equivalent |
| Approve from Dept Of Labor | An employer is not required to submit a labor application. A U.S worker can not occupy or substitute an l1 visa holder. | Approval from the Dept Of Labor is mandatory. The employer must prove there are no U.S workers that are; willing, qualified, or able to fill into the job. |
| Payroll | Workers can be on the payroll of foreign or a U.S based company | The worker is on the payroll of the U.S based entity |
| Spouse | An L2 visa holder can acquire EAD to find employment in the U.S. | H4 holders can not get an EAD, so there can not get employed. |
